Madras High Court
Sumeet Research & Holdings Ltd vs Shiva Industries on 20 April, 2022
C.S.No.418 of 1996
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.04.2022
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
C.S.No.418 of 1996
and A.No.2453 of 1996
and O.A.Nos.438 and 439 of 1996
Sumeet Research & Holdings Ltd.,
Sumeet Marketing Centre,
571, Mount Road,
Madras – 600 006. ... Plaintiff
Vs.
1.Shiva Industries,
A-375-A, Gali No.1,
Ganesh Nagar Extension,
Shakarpur, Delhi.
2.City Glassware Corpn.,
3, Peddu Naicken St.,
Park Town, Madras – 3. ... Defendants
Prayer: Plaint filed under Order IV Rule 1, O.S. Rules under Order VII
Rule 1 CPC, Sections 27, 105 & 106 of Trade & Merchandise Marks
Acts, 1958 and Sections 55 and 62 of Copy Right Act, 1957, pray for
Judgment and Decree for:
a) granting a permanent injunction, restraining the defendants, or
anyone acting for or together the defendants, by themselves, their
licensee, servants, agents, dealers, their printers and distributors, by an
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C.S.No.418 of 1996
order of this Court from committing infringement of the Copyright that
the plaintiffs have in their artistic style contained in Document No.3 by
distributing, printing or advertising or causing to be printed in cartons,
letter head, or visiting card, or guarantee-card, or on any goods and trade
literature the impugned work as shown in Document No.4, or any other
work, which is an imitation or an infringing copy of the plaintiff's artistic
work contained in Document No.3 filed along with the plaint:
b) for granting a permanent injunction, restraining the defendant or
any one acting for or together with the defendant by themselves, their
servants, agents, dealers, representatives, or anyone claiming through
them from carrying on their business and/or manufacturing, selling,
advertising, or offering for sale their goods gas stove, accessories and
similar goods under the name/trade-mark “SUMEET”, or any other
name/trade-mark containing identical, or deceptively similar plaintiff's
trade-mark “SUMEET”, or any other name/trade-mark containing
identical, or deceptively similar to plaintiff's trade-mark “SUMEET” and
passing-off their goods gas stove, viz., MO2 and accessories and similar
goods and business as and for those of the plaintiffs, manufacture viz.,
MO3, or enable others to so pass-off;
c) for a preliminary decree in favour of the plaintiffs directing the
defendants to render an account of profits made by them by use of the
trade-mark/Copyright “SUMEET” and a final decree in favour of the
plaintiff for the amount of the profit found to have been made by the
defendants after the defendants have rendered accounts;
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C.S.No.418 of 1996
d) directing the defendants to surrender to the plaintiffs all their
goods, impugned cartons, display boards, hoardings, invoices, letter-
heads, visiting cards, guarantee cards, office stationeries, advertising and
sales promotion materials and all other materials bearing the
name/trading style/trade-mark “SUMEET” for destruction.
e) directing the defendants to pay to the plaintiffs the costs of the
suit and
f) pass such further or other orders, as this Court may deem fit.
For Plaintiff : Mrs.G.Gladys Daniel
for Mr.C.Daniel
For Defendants : Mr.C.K.Krishnaswamy
JUDGMENT
Learned counsel for the plaintiff seeks permission of this Court to
withdraw the suit with liberty to refile the suit if the defendant resumes
the use of the impugned mark. She also made an endorsement to that
effect in the Court bundle. Accordingly, this suit is dismissed as
withdrawn with liberty. There shall be no order as to costs.
Consequently, connected applications are closed.
20.04.2022
Index : yes/no
Speaking Order:yes/no
pam
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C.S.No.418 of 1996
V.BHAVANI SUBBAROYAN, J.
pam
List of documents marked on the side of the plaintiff
Nil
List of witnesses examined on the side of the plaintiff
Nil
List of documents marked on the side of the defendants
Nil
List of witnesses examined on the side of the defendants
Nil
C.S.No.418 of 1996
20.04.2022
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